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STATE v. JAMES

No. 47,602

216 Kan. 235 (1975)

531 P.2d 70

STATE OF KANSAS, Appellee, v. CURTIS JAMES, Appellant.

Supreme Court of Kansas.

Opinion filed January 25, 1975.

Attorney(s) appearing for the Case

Richard D. Coffelt, of Flood, Martin, Coffelt & Flood, of Hays, argued the cause, and Stephen P. Flood, of the same firm, was with him on the brief for the appellant.

Michael H. Haas, county attorney, argued the cause, and Vern Miller, attorney general, was with him on the brief for the appellee.

The opinion of the court was delivered by

FONTRON, J.:

The defendant, Curtis James, was found guilty of three criminal charges: (1) assault (K.S.A. 21-3408), (2) battery (K.S.A. 21-3412) and (3) rape, which is defined in K.S.A. 21-3502 (1) (a) as "the act of sexual intercourse committed by a man with a woman not his wife, and without her consent when ... [her] resistance is overcome by force or fear."

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